TDEC Regulatory Update and Clarification for Rock Harvesting Mr. Michael Swanger – DWR Mining Section

General Permit Covers Individual Permit Covers General vs Individual

TMSP On May 14, 2014, the TMSP for Sector J expired and was administratively extended until the New TMSP was issued. On April 14, 2015, the new TMSP was issued and covers Sector J Rock Harvesting. Anyone with a TMSP that expired on May 14, 2014 had to reapply for that specific TMSP coverage under the new TMSP once the new TMSP was issued. All renewals and any new permits for Rock Harvesting fall under Sector J and the requirements of the May 2013, Rock Harvesting Rules

Rock Harvesting Rules and Sector J Rock Harvesting Rules The purpose of these regulations is to implement T.C.A. §§ through which govern rock harvesting operations as defined in T.C.A. §§ (1) through (3). Submittal of your Notice of Intent (NOI) and Application which should include: Original file copy plus 2 additional copies, General liability insurance (no less than 1,000,000), Workman's compensation insurance, Registration with the TN Department of Revenue, Written legal right to harvest, written mineral rights agreement, general location map taken for USGS 7 ½ topographic map that shows the site, site operation map 1” = 500’ or larger, reclamation plan and erosion and sediment control plan for during and after harvesting.

Individual NPDES permit are required when: There will be stone processing operation(s) on the site; Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.

Sawing Sorting Rock Harvesting Rules and Sector J

Individual NPDES permit are required when: There will be a discharge of any waste water other than storm water from the site; Process generated waste water shall mean any waste water used in the slurry transport of mined material…The term shall also include any other water which becomes commingled with such waste water in a pit, pond, lagoon, mine or other facility used for treatment of such waste water. 40 CFR

Individual NPDES permit are required when: There will be a discharge to Exceptional Tennessee Waters (ETW);

Individual NPDES permit are required when: The receiving stream is listed as impaired for the pollutant(s) to be discharged from the site; or The Division determines that an individual permit is required in order to adequately protect water quality in the receiving stream(s).

MICHAEL SWANGER, ESII 3711 MIDDLEBROOK PIKE KNOXVILLE, TN Conclusion and Questions